Ariz. Admin. Code § R18-16-409 - Remedial Action Costs Credit
A.
Any person seeking credit against potential liability at a site may submit to
the Department, within the time period established in the notice given under
R18-16-408(D),
evidence of costs it has incurred or will incur for remedial actions undertaken
at the site. The evidence of costs submitted shall include:
1. Two copies of an itemized statement of
costs, including a certification by the person submitting the statement that
the statement is true, accurate and complete;
2. Sufficient supporting documentation to
establish that the costs are consistent with A.R.S. §
49-282.06 and this Article;
and
3. An agreement in which the
person submitting the evidence of costs agrees to reimburse the Department for
the Department's costs under subsection (F).
B. Any itemized statements of costs submitted
shall be available for review at both the repository for the site and the
Department on or after the expiration of the time period established in
subsection (A).
C. Within a
reasonable period of time set by the Department but not less than 30 calendar
days, any person may object in writing to costs submitted by the Department or
any other person under this Section. Written objections shall identify the
specific costs to which the party objects and shall state specific reasons for
the objection. Two copies of the objections shall be submitted to the
Department and one copy of the objections shall be submitted to the person
whose costs are the subject of objection.
D. The Department and each person who submits
an itemized statement of costs shall have an opportunity to respond to any
objections within the time period specified in the notice given under
R18-16-408 subsection (C) or (D).
Two copies of the response shall be submitted to the Department and one copy of
the response shall be submitted to the person objecting to the costs.
E. The Department shall evaluate the
statements of costs submitted, any objections to such statements, or other
information available to the Department and shall approve those costs
determined by the Department to be recoverable and in substantial compliance
with A.R.S. §
49-282.06. The Department shall
prepare a list of these approved costs for inclusion as part of the total
estimated costs of the remedy in the record of decision under
R18-16-410.
F. Any person who requests the Department's
approval of costs under this Section shall reimburse the Department for the
total reasonable cost to the Department for the review unless the Department
waives all or a part of the reimbursement. The total reasonable costs include
direct and indirect costs to the Department in conducting these activities.
Costs that are reimbursed to the Department by a person that obtains the
Department's approval of costs under this Section constitute remedial action
costs that may be recovered from responsible parties.
G. The Department shall give credit not
exceeding the amount of a person's liability for the costs approved under this
Section. Nothing in this Article shall create a right of reimbursement from the
fund for any costs incurred or to be incurred at a site.
H. If the remedial action for which approval
of costs is sought under this Section has not been previously approved by the
Department, the submittal under subsection (A) shall be accompanied by a
request for approval of the remedial action under
R18-16-413.
I. This Section is the exclusive process for
the Department to approve the costs of a remedial action, and no other
Department approval of a remedial action shall be considered as an approval of
the costs of that remedial action.
Notes
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